Abstract
Report from Webinar II, held on 28. June 2017
Organization: Jakob Wested, Research Fellow, CIIR, UCPH
Moderator: Prof. Timo Minssen, CIIR, UCPH
Presenter I: Manisha A. Desai, PhD, Assistant General Patent Counsel,
Eli Lilly and Company
Presenter II: Dr. Henning Grosse Ruse-Khan, University of Cambridge
In 2013, Indian authorities granted a compulsory license to NATCO Pharmaceuticals for a patented pharmaceutical product sold by Bayer. This decision raised several complex issues regarding the grant a CL and their consistency with the principles and objectives of TRIPS. Furthermore, in January 2017 an amendment to the TRIPS agreement entered into force, allowing compulsory licensors to export their generic pharmaceuticals to least developed countries (LDC), further recalibrating the intersection between the patent institution and public interest. On this background, the webinar presentations and discussion addressed the framework and context for CL provided by the TRIPS convention. Both the specific requirements enshrined in TRIPS art 31 and the broader objectives and principles enshrined in TRIPS, e.g. transfer and dissemination of technology (art 7), protection of public health (art 8) and technology neutrality (art 27) where included in the discussion.
Organization: Jakob Wested, Research Fellow, CIIR, UCPH
Moderator: Prof. Timo Minssen, CIIR, UCPH
Presenter I: Manisha A. Desai, PhD, Assistant General Patent Counsel,
Eli Lilly and Company
Presenter II: Dr. Henning Grosse Ruse-Khan, University of Cambridge
In 2013, Indian authorities granted a compulsory license to NATCO Pharmaceuticals for a patented pharmaceutical product sold by Bayer. This decision raised several complex issues regarding the grant a CL and their consistency with the principles and objectives of TRIPS. Furthermore, in January 2017 an amendment to the TRIPS agreement entered into force, allowing compulsory licensors to export their generic pharmaceuticals to least developed countries (LDC), further recalibrating the intersection between the patent institution and public interest. On this background, the webinar presentations and discussion addressed the framework and context for CL provided by the TRIPS convention. Both the specific requirements enshrined in TRIPS art 31 and the broader objectives and principles enshrined in TRIPS, e.g. transfer and dissemination of technology (art 7), protection of public health (art 8) and technology neutrality (art 27) where included in the discussion.
Original language | English |
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Place of Publication | Copenhagen |
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Number of pages | 9 |
Publication status | Published - 28 Sep 2017 |
Keywords
- Faculty of Law
- TRIPS, Life Science, Patents, Compulsory Licensing, Access to Medicine, NATCO